CHULA VISTA VOTERS OK PROP. C

Measure limits term, reduces base salary for city attorney

CHULA VISTA — A ballot initiative that takes aim at the elected city attorney scored a healthy 54 percent voter approval Tuesday.

Proposition C imposes term limits on the city’s top legal counsel, reduces the salary and establishes an independent Office of Legislative Counsel. The change effectively allows the City Council to turn to its own separate legal department when it perceives a conflict of interest in the city attorney’s advice.

Backed by wealthy landowner Earl Jentz, the measure’s supporters laid out a litany of concerns about City Attorney Glen Googins’ power, including his role overseeing the Ethics Commission, a board that rules on complaints about the ethical behavior of city officials.

Supporters also cited instances when Googins, a Republican, has advised council members to recuse themselves from key votes, angering the Democratic voting bloc.

“There are some inherent conflicts with respect to the fact that we now have a publicly elected city attorney, and in essence, one more politician up here on the dais,” Councilman Steve Castaneda said.

The measure reduces the elected city attorney’s annual base salary from $208,000 to $178,789 a year, a pay cut that wouldn’t affect Googins until his next term. It also imposes the same soft term limits the council members abide by. An elected official can serve two four-year terms, leave for a period of 12 months and then run for office again.

“The voters were given a choice, and they passed the measure,” said Jentz, who declined to elaborate on the virtues of initiative.

In 2008, 59 percent of Chula Vista voters cast ballots in favor of having an elected city attorney, instead of an attorney appointed by the council. Jentz, 69, provided most of the funding for that initiative, and he and his wife each spent about $50,000 on Googins’ opponent in the 2010 city attorney’s race, through independent expenditures.

John Moot, a former councilman, close friend of Googins and adamant critic of Proposition C, said he’s concerned that the new salary will make the position less attractive to top attorneys.

“The results are certainly disappointing, considering the amount of litigation Mr. Jentz has brought against the city,” Moot added. “His motivation for reducing the independence of the city attorney’s office is frightening.”

No mention of costs appeared in the ballot language.

Chris Cate, vice president of the San Diego County Taxpayers Association, which opposed Proposition C, said details about staffing need to be ironed out.

Also unclear is how to settle scores when the elected city attorney comes to a different conclusion than the council’s legal department.